B-161523, AUG. 9, 1968
Highlights
SARKOZY SAYS THAT HE WAS NOT PROPERLY COUNSELED BY THE NAVY DEPARTMENT IN CONNECTION WITH HIS SHIPMENT OF HOUSEHOLD GOODS AND THAT A QUANTITY OF GOODS WHICH HE WOULD NOT HAVE TRANSPORTED OR WOULD HAVE TRANSPORTED IN A DIFFERENT MANNER HAD HE KNOWN THAT HIS SHIPMENT WOULD BE OVERWEIGHT WAS TRANSPORTED UNDER A GOVERNMENT BILL OF LADING. SARKOZY'S TRANSFER WAS RAISED TO 11. AUTHORITY FOR THE TRANSPORTATION OF THE HOUSEHOLD EFFECTS OF TRANSFERRED EMPLOYEES AT THE TIME IN QUESTION WAS CONTAINED IN SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946. THE LATER INCREASE IN THE MAXIMUM WEIGHT ALLOWABLE WAS EFFECTIVE ONLY AFTER THE ENACTMENT OF SUCH INCREASE BY THE CONGRESS. THIS IS TRUE EVEN THOUGH THE SHIPMENT WAS MADE BY GOVERNMENT BILL OF LADING UNDER WHICH THE GOVERNMENT IS REQUIRED TO PAY THE CHARGES MADE BY THE CARRIER AND COLLECT ANY AMOUNT ATTRIBUTABLE TO EXCESS WEIGHT FROM THE EMPLOYEE.
B-161523, AUG. 9, 1968
TO COMMANDING OFFICER, NAVAL AIR ENGINEERING CENTER, DEPARTMENT OF THE NAVY:
WE REFER TO YOUR LETTER OF JULY 9, 1968, YOUR REFERENCE AR-4:HCN:MCM 4650 SER. 3801, CONCERNING THE DEBT OF MR. JOHN H. SARKOZY, AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY, NAVAL AIR ENGINEERING CENTER, WHICH AROSE AS A RESULT OF HIS SHIPMENT OF HOUSEHOLD GOODS IN EXCESS OF THE MAXIMUM ALLOWABLE WEIGHT INCIDENT TO HIS TRANSFER OF STATION FROM BROOKLYN, NEW YORK, TO PHILADELPHIA, PENNSYLVANIA, IN JULY 1965.
MR. SARKOZY SAYS THAT HE WAS NOT PROPERLY COUNSELED BY THE NAVY DEPARTMENT IN CONNECTION WITH HIS SHIPMENT OF HOUSEHOLD GOODS AND THAT A QUANTITY OF GOODS WHICH HE WOULD NOT HAVE TRANSPORTED OR WOULD HAVE TRANSPORTED IN A DIFFERENT MANNER HAD HE KNOWN THAT HIS SHIPMENT WOULD BE OVERWEIGHT WAS TRANSPORTED UNDER A GOVERNMENT BILL OF LADING. CHARGES RESULTING FROM THE EXCESS WEIGHT OF HOUSEHOLD GOODS SHIPPED AMOUNTED TO $197.52. YOU ASK WHETHER MR. SARKOZY MAY BE RELIEVED OF HIS LIABILITY TO REPAY THAT AMOUNT BECAUSE OF THE FAILURE OF THE DEPARTMENT OF THE NAVY TO FURNISH HIM ADEQUATE INFORMATION PRIOR TO THE DATE OF HIS TRANSFER. THAT CONNECTION YOU NOTE THAT WEIGHT LIMITATION OF 7,000 POUNDS APPLICABLE AT THE TIME OF MR. SARKOZY'S TRANSFER WAS RAISED TO 11,000 POUNDS (SUFFICIENT TO COVER THE SHIPMENTS INVOLVED) EFFECTIVE JULY 21, 1966, APPROXIMATELY ONE YEAR AFTER THE TRANSFER TOOK PLACE.
AUTHORITY FOR THE TRANSPORTATION OF THE HOUSEHOLD EFFECTS OF TRANSFERRED EMPLOYEES AT THE TIME IN QUESTION WAS CONTAINED IN SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 608, AS AMENDED, 5 U.S.C. 73B-1 (1964 ED.). THAT PROVISION ESTABLISHED THE MAXIMUM WEIGHT OF HOUSEHOLD GOODS AUTHORIZED TO BE TRANSPORTED AT GOVERNMENT EXPENSE IN CONNECTION WITH A TRANSFER AS 7,000 POUNDS. NO GOVERNMENT AGENCY OR EMPLOYEE HAD AUTHORITY TO PERMIT TRANSPORTATION OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE IN EXCESS OF THAT WEIGHT LIMITATION. THE LATER INCREASE IN THE MAXIMUM WEIGHT ALLOWABLE WAS EFFECTIVE ONLY AFTER THE ENACTMENT OF SUCH INCREASE BY THE CONGRESS. SEE B-161461, JUNE 8, 1967, COPY ENCLOSED. THEREFORE, REGARDLESS OF THE REASONS FOR THE SHIPMENT OF AN EXCESSIVE WEIGHT OF HOUSEHOLD GOODS BY MR. SARKOZY, THE LAW DID NOT AND DOES NOT PERMIT PAYMENT BY THE GOVERNMENT OF CHARGES INCURRED INCIDENT TO SHIPMENT OF THE EXCESS WEIGHT. THIS IS TRUE EVEN THOUGH THE SHIPMENT WAS MADE BY GOVERNMENT BILL OF LADING UNDER WHICH THE GOVERNMENT IS REQUIRED TO PAY THE CHARGES MADE BY THE CARRIER AND COLLECT ANY AMOUNT ATTRIBUTABLE TO EXCESS WEIGHT FROM THE EMPLOYEE.
ON THE BASIS OF THE INFORMATION PRESENTED, ACTION SHOULD BE TAKEN BY YOU TO COLLECT THE FULL AMOUNT OF MR. SARKOZY'S DEBT.